ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1. Heard Mr. B.J. Trivedi, learned advocate for the applicant and Mr. K.R. Dave, learned advocate for the opponent.

2. Rule. Mr. K.R. Dave, learned advocate waives service of Rule on behalf of the opponent.

3. By way of this application, the applicant has prayed for condonation of delay of 471 days in filing the First Appeal challenging the order dated 28.5.2019 passed below Exh.11 by the learned Family Court Judge, Bhuj-Kachchh in Family Suit no.84 of 2018, whereby the said Suit came to be dismissed as barred by the principles of res judicata.

4. Mr. B.J. Trivedi, learned advocate for the applicant has taken this Court through the factual matrix arising out of this application and relying upon the contentions raised in the application, has submitted that the applicant had filed Suit for divorce being Marriage Suit no.17 of 2016 before the learned Principal Civil Judge (S.D.), Bhuj, which came t